(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BREACH OF THE PEACE. Any violation of any city ordinance which wholly or in part proscribes conduct prohibited by Sections 30-21-1 et seq. NMSA 1978.
MAYOR. The Mayor or his agent when used in this section.
ORDINANCE. Any ordinance which has been legally passed, adopted, approved, and published under the authority granted to the City Council by the Charter or by state law.
ORDINANCE VIOLATION CITATION. The form of citation specified and approved by the Mayor.
PERSON. Any person, individual, firm, partnership, corporation, company, society, association, and every officer, agent, or employee thereof.
POLICE OFFICER. Every officer of the Albuquerque Police Department, or other person authorized by the Chief of Police or Mayor to make arrests and to issue citations for violations of city ordinances.
(B) Procedures for Issuance of Ordinance Violation and Citation.
(1) Procedure for Police Officers.
(a) Whenever a person is arrested by a Police Officer for violating any ordinance of the city not amounting to a breach of the peace, punishable by fine and/or imprisonment, the arresting Police Officer may prepare in triplicate using the Ordinance Violation Citation form provided by the city, written notice to appear in Court, containing the name, address, and telephone number of the person violating such city ordinance, the driver's license number of such violator, if any, the offense or ordinance allegedly violated, and the date and place when and where such person shall have allegedly committed the acts complained of or violated the city ordinance and the time and place when and where such person shall appear in Court.
(b) The arrested person in order to secure release, as provided for in this ordinance, must give his written promise to so appear in Court by signing at least one copy of the Ordinance Violation Citation prepared by the arresting Police Officer. The officer shall deliver a copy of the Ordinance Violation Citation to the person promising to appear. Thereupon, said officer shall forthwith release the person arrested from his custody.
(c) Should the alleged violator refuse to give his written promise to appear, the arresting Police Officer shall forthwith take the alleged violator to the City Jail and cause him to be booked in the normal manner.
(2) Procedure for Mayor or His Agents.
(a) Whenever the Mayor or his designated agent has probable cause to believe that a person has violated any ordinance of the city punishable by fine and/or imprisonment, the Mayor or his designated agent may prepare in triplicate using the Ordinance Violation Citation form provided by the city, written notice to appear in Court, containing the name, address, and telephone number of the person violating such city ordinance, the driver's license number of such violator, if any, the offense or ordinance allegedly violated, and the date and place when and where such person shall have allegedly committed the acts complained of or violated the city ordinance and the time and place when and where such person shall appear in Court. The Mayor or his designated agent shall present the same to the person he has probable cause to believe violated the ordinance as alleged in the Ordinance Violation Citation to secure the alleged violator's written promise to appear in Court by having the alleged violator sign at least one copy of the Ordinance Violation Citation. The Mayor or his designated agent shall deliver a copy of the Ordinance Violation Citation to the person promising to appear.
(b) Should the alleged violator refuse to give his written promise to appear, the Mayor or his designated agent shall cause to be prepared a written complaint against the alleged violator and present the same to a Municipal Judge of the city requesting the Municipal Judge to cause an arrest to be issued for the alleged violator.
(C) Failure to Obey Citation.
(1) It shall be unlawful for any person to violate his written promise to appear given to a Police Officer, the Mayor or his designated agent upon the issuance of the Ordinance Violation Citation form regardless of the disposition of the charge for which the citation was originally issued.
(2) A written promise to appear in Court may be complied with by an appearance by counsel.
(D) Procedure Prescribed Herein Not Exclusive. The foregoing provisions of this section shall govern all Police Officers in making arrests without a warrant for violation of ordinances of the city, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of any existing city ordinance or violation of state code.
(E) Penalty. This section is a penal ordinance subject to the general penalty provisions of this code set forth in § 1-1-99.
('74 Code, §§ 12-4-1 - 12-4-5) (Ord. 98-1970)